JUDGEMENT
SUBODH ABHYANKAR, J. -
(1.) With the consent of learned counsel for the parties, the matter is heard finally. In this petition, the petitioner is claiming that he has been classified as permanent employees but the respondents are
not paying him salary in the relevant pay-scale. In a similar matter Kaluram Narwariya vs. State of
MP and others (WP No.2000/2015 decided on 6.4.2015), the Gwalior Bench of this Court has held
as under:
The grievance of the petitioner is that he has been classified as a permanent employee by the employer by order, Annexure P/2. This permanent status is not taken away till date. Despite classifying the petitioner as a permanent employee, he has not been given pay scale attached to the said permanent post. In addition, the petitioner is praying for the benefits of DA, increments, seniority and other benefits.
(2.) During the course of argument, Shri B.P.Singh relied on a Division Bench judgment passed in Writ Appeal No. 110/2011 and other connected matters, decided on 1.11.2011. It is contended that
the Supreme Court affirmed the said order recently on 21.1.2015. It is contended that the
respondents shall consider the case of the petitioner in the light of said judgment.
(3.) Shri Pravin Newaskar, learned Deputy Government Advocate submits that so far the decision of Division Bench and Supreme Court aforesaid is concerned, he is not disputing the legal position. He
submits that on facts, every petitioner's case needs to be examined.;
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